Poonam Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14702 of 2019 Arising Out of PS. Case No.-37 Year-2019 Thana- MALSALAMI District- Patna ====================================================== POONAM DEVI, aged about 35 years, Female, Wife of Umesh Das, Resident of Mohalla- Naya Tola Sharifaganj, P.S.- Malsalami, District - Patna ... Petitioner
Versus
THE STATE OF BIHAR ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Ajay Kr Singh No.1, Adv.
For the Opposite Party :
Mr. Zainul Abedin, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 13-03-2019 Heard the learned counsel for the petitioner and the learned counsel appearing for the State.
The petitioner is languishing in judicial custody since 24.01.2019 in connection with Special Case No. 910 of 2019 arising out of Malsalami P.S. Case No. 37 of 2019 for the offence alleged under Section 30(a) of the Bihar Prohibition and Excise Act, 2016.
The prosecution case, as lodged by the police personnel, is that on information that the petitioner is trading in illicit liquor she was apprehended with 15.100 liters of mahua wine. Accordingly, a seizure list was prepared. It has been submitted by the learned counsel for the petitioner that she is innocent, bears no criminal history and has been sufficiently punished. He, further, submits that the petitioner is a lady languishing in judicial custody since nearly
Patna High Court CR. MISC. No.14702 of 2019(2) dt.13-03-2019 2/2 two months and the petitioner undertakes to cooperate in the investigation, not to induce witnesses or tamper with the prosecution evidence.
However, the learned Additional Public Prosecutor for the State opposes the prayer for bail.
Considering the nature of allegations, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Special Case No. 910 of 2019 arising out of Malsalami P.S. Case No. 37 of 2019 to the satisfaction of the learned Special Judge, Excise, Patna, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property, who will file an affidavit stating his relationship with the petitioner. (Nilu Agrawal, J) Shamshad/- U T